SB21-SSA1-SA46,15 10Section 15. 104.01 (1) of the statutes is renumbered 104.01 (1m).
SB21-SSA1-SA46,16 11Section 16. 104.01 (1d) of the statutes is created to read:
SB21-SSA1-SA46,10,1312 104.01 (1d) "Agricultural employee" means an employee who is employed in
13the operation of farm premises, as described in s. 102.04 (3).
SB21-SSA1-SA46,17 14Section 17. 104.01 (1g) of the statutes is created to read:
SB21-SSA1-SA46,10,1815 104.01 (1g) "Consumer price index" means the average of the consumer price
16index over each 12-month period for all urban consumers, U.S. city average, all
17items, not seasonally adjusted, as determined by the bureau of labor statistics of the
18U.S. department of labor.
SB21-SSA1-SA46,18 19Section 18. 104.01 (5) of the statutes is repealed.
SB21-SSA1-SA46,19 20Section 19. 104.01 (5m) of the statutes is created to read:
SB21-SSA1-SA46,10,2221 104.01 (5m) "Opportunity employee" means a person under 20 years of age who
22is in the first 90 consecutive days of employment with his or her employer.
SB21-SSA1-SA46,20 23Section 20. 104.01 (7m) of the statutes is created to read:
SB21-SSA1-SA46,11,3
1104.01 (7m) "Tipped employee" means an employee who in the course of
2employment customarily and regularly receives money or other gratuities from
3persons other than the employee's employer.
SB21-SSA1-SA46,21 4Section 21. 104.01 (8) of the statutes is amended to read:
SB21-SSA1-SA46,11,65 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage"
6means
any compensation for labor measured by time, piece, or otherwise.
SB21-SSA1-SA46,22 7Section 22. 104.02 and 104.03 of the statutes are consolidated, renumbered
8104.02 and amended to read:
SB21-SSA1-SA46,11,15 9104.02 Living Minimum wage prescribed: requirement to pay. Every
10wage paid or agreed to be paid by any employer to any employee, except as otherwise
11provided in s. 104.07, shall be not less than a living the applicable minimum wage
12established under s. 104.035. 104.03 Unlawful wages. Any employer paying,
13offering to pay, or agreeing to pay any employee a wage lower or less in value than
14 a living the applicable minimum wage established under s. 104.035 is guilty of a
15violation of this chapter.
SB21-SSA1-SA46,23 16Section 23. 104.035 of the statutes is created to read:
SB21-SSA1-SA46,11,18 17104.035 Minimum wage; established. (1) Employees generally. Except
18as provided in subs. (2) to (4), the minimum wage is as follows:
SB21-SSA1-SA46,11,2019 (a) For wages earned before the first day of the 15th month beginning after
20publication .... [LRB inserts date], $8.20 per hour.
SB21-SSA1-SA46,11,2321 (b) For wages earned beginning on the first day of the 15th month beginning
22after publication .... [LRB inserts date], and ending on the last day of the 26th month
23beginning after publication .... [LRB inserts date], $9.15 per hour.
SB21-SSA1-SA46,12,3
1(c) For wages earned beginning on the first day of the 27th month beginning
2after publication .... [LRB inserts date], and ending on the last day of the 38th month
3beginning after publication .... [LRB inserts date], $10.10 per hour.
SB21-SSA1-SA46,12,64 (d) For wages earned beginning on the first day of the 39th month beginning
5after publication .... [LRB inserts date], the amount determined by the department
6by rule promulgated under sub. (5).
SB21-SSA1-SA46,12,12 7(2) Tipped employees. Except as provided in subs. (3) and (4), if an employer
8of a tipped employee establishes by the employer's payroll records that, when adding
9the tips received by the tipped employee in a week to the wages paid to the tipped
10employee in that week, the tipped employee receives not less than the applicable
11minimum wage specified in sub. (1), the minimum wage for the tipped employee is
12as follows:
SB21-SSA1-SA46,12,1413 (a) For wages earned before the first day of the 15th month beginning after
14publication .... [LRB inserts date], $3 per hour.
SB21-SSA1-SA46,12,1715 (b) For wages earned beginning on the first day of the 15th month beginning
16after publication .... [LRB inserts date], the amounts determined by the department
17by rule promulgated under sub. (5).
SB21-SSA1-SA46,12,19 18(3) Minimum wage established by department. The department shall
19promulgate rules providing the minimum wage for all of the following:
SB21-SSA1-SA46,12,2020 (a) Opportunity employees.
SB21-SSA1-SA46,12,2121 (b) Agricultural employees.
SB21-SSA1-SA46,12,2222 (c) Camp counselors.
SB21-SSA1-SA46,12,2323 (d) Golf caddies.
SB21-SSA1-SA46,12,2524 (e) An employee or worker with a disability covered under a license under s.
25104.07.
SB21-SSA1-SA46,13,1
1(f) A student learner.
SB21-SSA1-SA46,13,32 (g) A student employed by an independent college or university for less than
320 hours per week.
SB21-SSA1-SA46,13,6 4(4) Employment exempted by department. The department shall promulgate
5rules exempting from the minimum wage requirements under subs. (1) to (3) all of
6the following:
SB21-SSA1-SA46,13,87 (a) A person engaged in casual employment in and around an employer's home
8on an irregular or intermittent basis for not more than 15 hours per week.
SB21-SSA1-SA46,13,129 (b) A person who resides in the home of an employer who, due to advanced age
10or physical or mental disability, cannot care for his or her own needs, for the purpose
11of companionship and who spends not more than 15 hours per week on general
12household work for the employer.
SB21-SSA1-SA46,13,1413 (c) An elementary or secondary school student performing student work-like
14activities in the student's school.
SB21-SSA1-SA46,13,24 15(5) Department to revise. (a) 1. Subject to par. (b), by the date specified in sub.
16(1) (d) or (2) (b), whichever is applicable, and annually thereafter, the department
17shall promulgate rules to revise the minimum wages established under subs. (1) and
18(2). Subject to subd. 2., the department shall determine those revised minimum
19wages by calculating the percentage difference between the consumer price index for
20the 12-month period ending on the last day of the last month for which that
21information is available and the consumer price index for the 12-month period
22ending on the last day of the month 12 months prior to that month, adjusting the
23minimum wages then in effect by that percentage difference, and rounding that
24result to the nearest multiple of 5 cents.
SB21-SSA1-SA46,14,10
12. In revising the minimum wage for tipped employees under sub. (2), each year
2the department shall increase that minimum wage by 95 cents or by the amount that
3is necessary for that minimum wage to equal 70 percent of the minimum wage under
4sub. (1) as determined under subd. 1., rounded to the nearest multiple of 5 cents,
5whichever is less. For years subsequent to the first year in which the minimum wage
6under sub. (2) equals 70 percent of the minimum wage under sub. (1) as determined
7under subd. 1., the department shall revise the minimum wage under sub. (2) by the
8amount that is necessary for that minimum wage to remain equal to 70 percent of
9the minimum wage under sub. (1) as determined under subd. 1., rounded to the
10nearest multiple of 5 cents.
SB21-SSA1-SA46,14,2211 3. The department may use the emergency rule procedures under s. 227.24 to
12promulgate the rules required under subds. 1. and 2. Notwithstanding s. 227.24 (1)
13(a) and (3), the department may promulgate those rules as emergency rules without
14providing evidence that promulgating those rules as emergency rules is necessary
15to preserve the public peace, health, safety, or welfare and without a finding of
16emergency. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not
17required to prepare a statement of the scope of those rules or to submit those rules
18in final draft form to the governor for approval. A revised minimum wage
19determined under subd. 1. or 2. shall first apply to wages earned on the first day of
20the 3rd month beginning after the month of publication .... [LRB inserts date], of the
21year in which the wage is revised and, notwithstanding s. 227.24 (1) (c) and (2), shall
22remain in effect until that same date the following year.
SB21-SSA1-SA46,15,223 (b) Paragraph (a) 1. does not apply if the consumer price index for the 12-month
24period ending on the last day of the last month for which that information is available

1has not increased over the consumer price index for the 12-month period ending on
2the last day of the month 12 months prior to that month.
SB21-SSA1-SA46,15,3 3(6) Gender-specific minimum wage prohibited.
SB21-SSA1-SA46,24 4Section 24. 104.04 (title) of the statutes is repealed.
SB21-SSA1-SA46,25 5Section 25. 104.04 of the statutes is renumbered 104.035 (6) and amended to
6read:
SB21-SSA1-SA46,15,187 104.035 (6) The department shall investigate, ascertain, determine, and fix
8such reasonable classifications, and shall impose general or special orders,
9determining the living wage, and shall carry out the purposes of this chapter. Such
10investigations, classifications, and orders shall be made as provided under s.
11103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed
12for any violation of this chapter. In determining the living wage, the department may
13consider the effect that an increase in the living wage might have on the economy of
14the state, including the effect of a living wage increase on job creation, retention, and
15expansion, on the availability of entry-level jobs, and on regional economic
16conditions within the state.
The department may not establish a different minimum
17wage for men and women. Said orders shall be subject to review in the manner
18provided in ch. 227.
SB21-SSA1-SA46,26 19Section 26. 104.045 of the statutes is renumbered 104.045 (intro.) and
20amended to read:
SB21-SSA1-SA46,15,23 21104.045 Tipped employees Tips, meals, lodging, and hours worked.
22(intro.) The department shall by rule determine what amount of promulgate rules
23governing all of the following:
SB21-SSA1-SA46,15,25 24(1) The counting of tips or similar gratuities may be counted toward fulfillment
25of the employer's obligation under this chapter.
SB21-SSA1-SA46,27
1Section 27. 104.045 (2) and (3) of the statutes are created to read:
SB21-SSA1-SA46,16,32 104.045 (2) The deduction of meals or lodging provided by an employer to an
3employee from the employer's obligation under this chapter.
SB21-SSA1-SA46,16,5 4(3) The determination of hours worked by an employee during which the
5employee is entitled to the minimum wage established under s. 104.035.
SB21-SSA1-SA46,28 6Section 28. 104.05 of the statutes is repealed.
SB21-SSA1-SA46,29 7Section 29. 104.06 of the statutes is repealed.
SB21-SSA1-SA46,30 8Section 30. 104.07 (1) and (2) of the statutes are amended to read:
SB21-SSA1-SA46,16,159 104.07 (1) The department shall make promulgate rules, and, except as
10provided under subs. (5), (6), and (7), grant licenses a license to any employer who
11employs any employee who is unable to earn the living wage determined by the
12department, permitting the employee to work for a wage that
for whom the minimum
13wage established under s. 104.035
is not commensurate with the employee's ability.
14Each license so granted shall establish a wage for the licensee any such employees
15of the licensee
.
SB21-SSA1-SA46,16,21 16(2) The department shall make promulgate rules, and, except as provided
17under subs. (5), (6), and (7), grant licenses a license to a sheltered workshops
18workshop, to permit the employment of workers with disabilities who are unable to
19earn the living wage
at a wage that is commensurate with their ability and
20productivity. A license granted to a sheltered workshop under this subsection may
21be issued for the entire workshop or a department of the workshop.
SB21-SSA1-SA46,31 22Section 31. 104.08 (2m) of the statutes is amended to read:
SB21-SSA1-SA46,16,2523 104.08 (2m) Any person working in a trade industry for which a living
24minimum wage has been established for minors, and who has no trade, shall be
25employed under an apprentice contract under s. 106.01.
SB21-SSA1-SA46,32
1Section 32. 104.10 of the statutes is amended to read:
SB21-SSA1-SA46,17,8 2104.10 Penalty for intimidating witness. Any employer who discharges or
3threatens to discharge, or who in any way discriminates, or threatens to discriminate
4against, any employee because the employee has testified or is about to testify, or
5because the employer believes that the employee may testify, in any investigation or
6proceeding relative to the enforcement of this chapter, is guilty of a misdemeanor,
7and upon conviction thereof shall be punished by a fine of
may be fined $25 for each
8offense.
SB21-SSA1-SA46,33 9Section 33. 104.11 of the statutes is repealed.
SB21-SSA1-SA46,34 10Section 34. 104.12 of the statutes is amended to read:
SB21-SSA1-SA46,17,17 11104.12 Complaints. Any person may register with the department a
12complaint that the wages paid to an employee for whom a living minimum wage has
13been established under s. 104.035 are less than that living minimum wage, and the
14department shall investigate the matter and take all proceedings necessary to
15enforce the payment of a that minimum wage that is not less than the living wage.
16Section 111.322 (2m) applies to discharge and other discriminatory acts arising in
17connection with any proceeding under this section.
SB21-SSA1-SA46,35 18Section 35. 109.09 (1) of the statutes is amended to read:
SB21-SSA1-SA46,18,1419 109.09 (1) The department shall investigate and attempt equitably to adjust
20controversies between employers and employees as to alleged wage claims. The
21department may receive and investigate any wage claim which is filed with the
22department, or received by the department under s. 109.10 (4), no later than 2 years
23after the date the wages are due. The department may, after receiving a wage claim,
24investigate any wages due from the employer against whom the claim is filed to any
25employee during the period commencing 2 years before the date the claim is filed.

1The department shall enforce this chapter and ss. 66.0903, 103.02, 103.023, 103.49,
2103.82, 104.12, and 229.8275. In pursuance of this duty, the department may sue the
3employer on behalf of the employee to collect any wage claim or wage deficiency and
4ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
5under s. 109.10, the department may refer such an action to the district attorney of
6the county in which the violation occurs for prosecution and collection and the
7district attorney shall commence an action in the circuit court having appropriate
8jurisdiction. Any number of wage claims or wage deficiencies against the same
9employer may be joined in a single proceeding, but the court may order separate
10trials or hearings. In actions that are referred to a district attorney under this
11subsection, any taxable costs recovered by the district attorney shall be paid into the
12general fund of the county in which the violation occurs and used by that county to
13meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
14of the district attorney who prosecuted the action.
SB21-SSA1-SA46,36 15Section 36. 111.322 (2m) (a) of the statutes is amended to read:
SB21-SSA1-SA46,18,1916 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
17right under s. 103.02, 103.023, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455,
18103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
19or 103.64 to 103.82.
SB21-SSA1-SA46,37 20Section 37. 111.322 (2m) (b) of the statutes is amended to read:
SB21-SSA1-SA46,18,2421 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
22held under or to enforce any right under s. 103.02, 103.023, 103.10, 103.13, 103.28,
23103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
24or ss. 101.58 to 101.599 or 103.64 to 103.82.
SB21-SSA1-SA46,38 25Section 38. 234.94 (5) of the statutes is amended to read:
SB21-SSA1-SA46,19,4
1234.94 (5) "Primary employment" means work which that pays at least the
2minimum wage as established under ch. 104 s. 104.035 (1) or under federal law,
3whichever is greater,; offers adequate fringe benefits, including health insurance,;
4and is not seasonal or part time.
SB21-SSA1-SA46,39 5Section 39. 234.94 (8) of the statutes is amended to read:
SB21-SSA1-SA46,19,116 234.94 (8) "Target group" means a population group for which the
7unemployment level is at least 25% 25 percent higher than the statewide
8unemployment level, or a population group for which the average wage received is
9less than 1.2 times the minimum wage as established under ch. 104 s. 104.035 (1)
10or under federal law, whichever is greater. No population group is required to be
11located within a contiguous geographic area to be considered a target group.
SB21-SSA1-SA46,40 12Section 40. 800.09 (1j) of the statutes is amended to read:
SB21-SSA1-SA46,19,2413 800.09 (1j) If the court orders the defendant to perform community service
14work in lieu of making restitution or of paying the forfeiture, surcharges, fees and
15costs, or both, the court may order that the defendant perform community service
16work for a public agency or a nonprofit charitable organization that is approved by
17the court and agreed to by the public agency or nonprofit charitable organization.
18Community service work may be in lieu of restitution only if also agreed to by the
19person to whom restitution is owed. The number of hours of community service work
20required may not exceed the number determined by dividing the amount owed on the
21forfeiture by the minimum wage established under ch. 104 for adults in
22nonagriculture, nontipped employment
s. 104.035 (1). The court shall ensure that
23the defendant is provided a written statement of the terms of the community service
24order and that the community service order is monitored.
SB21-SSA1-SA46,41 25Section 41. 800.095 (1) (d) of the statutes is amended to read:
SB21-SSA1-SA46,20,11
1800.095 (1) (d) That the defendant perform community service work for a
2public agency or nonprofit charitable organization approved by the court and agreed
3to by the agency or nonprofit charitable organization. If the community service work
4is in lieu of restitution, then the person to whom restitution is owed must agree; the
5defendant shall be given credit at the rate of not less than the minimum wage
6established under ch. 104 for adults in nonagriculture, nontipped employment s.
7104.035 (1)
for each one hour of community service completed. The defendant shall
8be given a written statement of the community service order. Nothing in this
9paragraph makes the defendant an employee or agent of the court or the
10municipality. The defendant shall be responsible for providing the court with proof
11that the community service hours have been completed.
SB21-SSA1-SA46,42 12Section 42. 895.035 (2m) (c) of the statutes is amended to read:
SB21-SSA1-SA46,21,513 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
14938 may order that the juvenile perform community service work for a public agency
15or nonprofit charitable organization that is designated by the court in lieu of making
16restitution or paying the forfeiture or surcharge. If the parent agrees to perform
17community service work in lieu of making restitution or paying the forfeiture or
18surcharge, the court may order that the parent perform community service work for
19a public agency or a nonprofit charitable organization that is designated by the court.
20Community service work may be in lieu of restitution only if also agreed to by the
21public agency or nonprofit charitable organization and by the person to whom
22restitution is owed. The court may utilize any available resources, including any
23community service work program, in ordering the juvenile or parent to perform
24community service work. The number of hours of community service work required
25may not exceed the number determined by dividing the amount owed on the

1restitution, forfeiture, or surcharge by the minimum wage established under
2 ch. 104 for adults in nonagriculture, nontipped employment
s. 104.035 (1). The court
3shall ensure that the juvenile or parent is provided with a written statement of the
4terms of the community service order and that the community service order is
5monitored.".
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